Valentino v. Matara

The trial court did not err in denying the plaintiff's motion to amend her personal injury complaint to add the negligent driver of the other vehicle involved as a defendant, since no evidence showed that the plaintiff was mistaken about the driver's identity.

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Sharon Valentino filed this personal injury lawsuit against George Matara, seeking damages for personal injuries that she allegedly sustained during an automobile accident. Valentino’s complaint alleged that Matara had been negligent per se in the operation of his vehicle, leading to the collision. Matara filed a motion for summary judgment based upon the undisputed fact that he was not the driver of the vehicle and, thus, was not negligent as alleged. Valentino then sought to amend the complaint to add as a defendant the individual who had been driving the vehicle at the time of the collision. The trial court denied Valentino’s motion to amend and granted Matara’s motion for summary judgment. Valentino appeals, contending that both of the trial court’s rulings were erroneous. We discern no error and affirm. 1. Valentino challenges the trial court’s decision granting summary judgment in favor of Matara. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Citations and punctuation omitted. Etheredge v. Kersey , 236 Ga. App. 243 510 SE2d 544 1998.

The record evidence shows that Matara and his wife were friends of Rosemary Kamau. On the date of the accident, Matara’s wife gave Kamau permission to drive Matara’s vehicle to run an errand.

Valentino v. Matara

The trial court did not err in denying the plaintiff's motion to amend her personal injury complaint to add the negligent driver of the other vehicle involved as a defendant, since no evidence showed that the plaintiff was mistaken about the driver's identity.

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